Public school funding; At-Risk Program established. Establishes the At-Risk Program, defined in the bill as any state funding provided for programs of prevention, intervention, or remediation or pursuant to the at-risk add-on for the purpose of supporting programs for students who are educationally at risk. The bill requires (i) the determination of the amount of state funding for which a school division is eligible pursuant to the At-Risk Program to be based on the school division's identified student percentage, defined in the bill as the fraction, expressed as a percentage, that results from dividing the number of identified students enrolled in a school division by the total number of students enrolled in such school division, weighted by the factor of 1.5, and then adjusted by the addition of a percentage that corrects for undercounting English language learner students as identified students and (ii) such funding to be distributed as follows: 60 percent on a flat per-student rate and 40 percent on a variable rate set out in the general appropriation act based on the concentration of poverty in the school division. The bill provides that any school division that would have received more state funds for the at-risk add-on and programs of prevention, intervention, or remediation than it would pursuant to the consolidation of such state funding sources under the At-Risk Program established in the bill shall be held harmless and shall not have its share of such state funding reduced, effective for the 2024–2025 school year through the 2026–2027 school year. This bill was incorporated into SB 105.
State debt collection; statute of limitations. Establishes a seven-year statute of limitations on the commencement of any action by a state agency or institution to collect past due accounts receivable due to the Commonwealth.
Siting of energy facilities; approval by State Corporation Commission. Establishes a procedure under which an electric utility or independent power provider (applicant) is able to obtain approval for a certificate from the State Corporation Commission for the siting of an energy facility rather than from the governing body of a locality. Under the bill, applicants are authorized to submit an application to the Commission if (i) the locality fails to timely approve or deny an application; (ii) the application complies with certain requirements for Commission approval, but a host locality denies the application; or (iii) the locality amends its zoning ordinance after it has notified the applicant that its requirements are compatible with the requirements for Commission approval, and the amendment imposes additional requirements that are more restrictive. The bill provides that an applicant who is issued a certificate by the Commission for an energy facility is exempt from obtaining approvals or permits, including any land use approvals or permits under the regulations and ordinances of the locality. The bill applies to any solar energy facility with a capacity of 50 megawatts or more, any wind energy facility with a capacity of 100 megawatts or more, and any energy storage facility with a nameplate capacity of 50 megawatts or more and an energy discharge capability of 200 megawatt hours or more.
Electric utilities; notice required for customer return to service. Decreases the required written notice period to 90 days for certain electric energy customers to return to service by an investor-owned utility after purchasing electric energy from other suppliers. Currently, such electric energy customers must provide five years' written notice to return to service by Dominion Energy Virginia or three years' written notice to return to service by Appalachian Power.
Nursing facilities; electronic monitoring in resident rooms. Gives residents of nursing facilities the right to place electronic monitoring devices in their rooms. "Electronic monitoring" is defined in the bill as video or audio monitoring or recording of residents of a nursing facility as a means of monitoring resident wellbeing.
Health insurance; cost-sharing; pharmacy benefits managers' compensation and duties: civil penalty. Amends provisions related to rebates provided by carriers and health benefit plans to health plan enrollees by defining "defined cost-sharing," "price protection rebates," and "pharmacy benefits management services." The bill requires that an enrollee's defined cost-sharing for each prescription drug be calculated at the point of sale based on a price that is reduced by an amount equal to at least 80 percent of all rebates received or expected to be received in connection with the dispensing or administration of the prescription drug.The bill prohibits a pharmacy benefits manager from deriving income from pharmacy benefits management services provided to a carrier or health benefit plan except for income derived from a pharmacy benefits management fee. The bill requires the amount of any pharmacy benefits management fees to be set forth in the agreement between the pharmacy benefits manager and the carrier or health benefit plan and that such fee not be based on the acquisition cost or any other price metric of a drug; the amount of savings, rebates, or other fees charged, realized, or collected by or generated based on the activity of the pharmacy benefits manager; or the amount of premiums, deductibles, or other cost-sharing or fees charged, realized, or collected by the pharmacy benefits manager from enrollees or other persons on behalf of an enrollee. The bill requires a pharmacy benefits manager to annually certify to the State Corporation Commission that it has met certain requirements.The bill establishes a pharmacy benefits manager duty, which includes the duties of care and good faith and fair dealing, owed to any enrollee, provider, or health benefit plan that receives pharmacy benefits management services from the pharmacy benefits manager or that furnishes, covers, receives, or is administered a unit of a prescription drug for which the pharmacy benefits manager has provided pharmacy benefits management services. The bill requires the Commission to define by regulation the scope of such duty and provides for a private cause of action for any person aggrieved by the breach of such duty.
Employee protection; prohibited retaliation; prohibited nondisclosure and nondisparagement provisions; civil action. Prohibits the inclusion of a provision in any employment contract that has the purpose or effect of concealing illegal activity or activity an employee believes to be unlawful, including unlawful sexual harassment, discrimination, wage theft, and protected whistleblowing, as those terms are described in existing law. Under the bill's provisions, no employer shall discharge or otherwise retaliate against an employee, prospective employee, or independent contractor for disclosing or discussing conduct that such employee reasonably believes to be discrimination, including harassment, retaliation, a wage or hour violation, sexual assault, fraud against taxpayers, shareholders, the government, consumers, or other employees, or other conduct that is against a clear mandate of public policy. An employer that violates the provisions of the bill shall be liable for the greater of actual damages or statutory damages of $10,000, as well as reasonable attorney fees and costs. The bill also requires employers to include in any settlement agreement or employment agreement with an employee a disclaimer that such agreement does not prohibit an employee from disclosing conduct as protected under the bill. The provisions of the bill apply to contracts entered into, renewed, modified, or amended on or after July 1, 2024.
Special education; Parental Behavior Technician Registration and Participation Pilot Program; established. Establishes the Parental Behavior Technician Registration and Participation Pilot Program (the Pilot Program), to be developed and administered by the Board of Education in collaboration with the Department of Health and the Advisory Board on Behavioral Analysis, for the purpose of assisting parents of students with autism spectrum disorder (ASD) with becoming a registered behavior technician (RBT) in order to provide assistance to their children both in the classroom as a volunteer under the supervision of a licensed behavior analyst or other qualified Applied Behavior Analysis (ABA) individual and outside the classroom in the home environment. The bill provides that the Pilot Program shall assist any eligible parent, defined as any parent of a child with ASD who is enrolled in a public school in the Commonwealth and receives special education, by (i) providing assistance, resources, and support to any eligible parent in meeting the requirements to receive an RBT credential and (ii) coordinating with the school board of the school division in which the child of an RBT-credentialed parent is enrolled to set up a volunteer position for the parent to provide assistance as an RBT in his child's special education program under the supervision of a licensed behavior analyst or other qualified ABA individual. The bill provides that funds appropriated for the at-risk add-on or for support services from basic school aid, pursuant to relevant law, may be used to fund the Pilot Program. Finally, the bill requires the Board of Education to report annually to the Governor and the Generally Assembly by October 1 of each year for the duration of the Pilot Program on the progress of the Pilot Program. The provisions of the bill expire on July 1, 2027.
Abolition of juvenile fines and fees; criminal offenses. Abolishes court costs, fines, and fees assessed to a juvenile or his parent or other persons responsible for his care in circuit court and juvenile and domestic relations district court related to prosecutions of criminal offenses.
Joint Commission on Technology and Science;study; advancements in artificial intelligence; report. Directsthe Joint Commission on Technology and Science to study advancementsin artificial intelligence (AI), including assessing (i) the impacts of deep fakes, data privacy implications, and misinformation; (ii)measures to ensure these technologies do not indirectly or directlylead to discrimination; (iii) strategies to promote equity in AIalgorithms; and (iv) ways in which AI can be utilized to improvegovernment operations and services, and to make recommendations onany appropriate legislation for consideration by the General Assembly.
Income tax; rolling conformity. Providesthat when Virginia does not conform on a rolling basis to federaltax laws due to any changes in a single act of Congress with an impactof more than $15 million on revenues in the year in which the amendmentwas enacted or any of the next four years, such nonconformity shallnot be considered for purposes of calculating the nonconformity thresholdfor all amendments in a year with a cumulative projected impact ofmore than $75 million in the year in which the amendments were enactedor any of the next four years.
Attorney General; instituting or conductingcriminal prosecutions for violations of criminal sexual assault andcommercial sex trafficking committed against children. Authorizesthe Attorney General to institute or conduct criminal prosecutionsin cases involving a violation of criminal sexual assault or commercialsex trafficking when such crimes are committed against children.
